San Antonio- The human display law, which restricts nudity and toplessness in local strip clubs, may become a test case and could be considered by the US Supreme Court.
Six local topless clubs settled with the city last year to resolve the issue, but attorney Jim DeeGear says two clubs, Extasy and Paradise, have declined to participate in the compromise, claiming nude dancing is covered by the First Amendment.
"We will take one of those cases and try it and appeal it up through the state Court of Appeals and the U.S. Supreme Court if necessary, DeeGear said, adding that it could take 'several years' for the issue to be resolved.
The city's new law governing topless and all nude clubs prevents topless dancers from getting within three feet of customers, outlaws so called 'lap dancing,' prohibits private rooms in clubs, and makes it illegal to appear totally nude in public.
DeeGear says the six clubs which agreed to a compromise are finding a handful of problems with it, but generally the atmosphere is 'less tense' under the compromise. He says some of the conflicts involve the size of the 'pasties' which covers the dancers breasts.
The city says the restrictions are needed to prevent prostitution, drug use, and other criminal acts. The strip clubs deny that there are more instances of prostitution and drug use around their businesses than elsewhere, and say the city should attack prostitution and drug use, not legal businesses.
DeeGear says the two clubs plan to be in court in the next few months.
"We will probably try the first of those cases, I would say, in February, March or April, and I think the appellate process might take several years."
He says he is ready to appeal the case to the Us. Supreme Court, which has not recently ruled on the ability of cities to restrict or outlaw topless and nude dancing.
